She and publicist Ronit Menashe said in the lawsuit that they came up with the
term "Sexy Little Things, Sexy Little Things" in July or August 2004 and
registered a domain name to build a website.
After sending a manufacturer diagrams for the production of "Sexy Little
Things" labels and preparing publicity, the pair received a letter from
Victoria's Secret telling them their line would constitute trademark
infringement.
The women then stopped development of the clothing line and sought relief in
court, saying no one had registered the trademark when they checked with the US
Patent and Trademark Office in September 2004.
The judge ruled after hearing evidence that the Victoria's Secret marketing
department settled on the name "Sexy Little Things" for its panties collection
between March 2004 and June 2004.
After hearing evidence in the case last month, the judge said he concluded that
the phrase "sexy little things" was suggestive, entitling it to greater legal
protection than if it were merely descriptive.
"While the term describes the erotically stimulating quality of the trademarked
lingerie, it also calls to mind the phrase 'sexy little thing', popularly used
to refer to attractive lithe young women," the judge wrote in a 17-page ruling.
